Model Enforcement Regulations

Sample Bicycle Traffic Enforcement Guidelines

Excerpts from Wisconsin’s Enforcement for Bicycle Safety Course

Authority

Each police department in the state should have a written policy which prescribes a uniform policy to be observed by officers when enforcing laws that regulate and protect bicycle riders.

The purpose of such a policy is to promote bicycling for recreation and transportation while increasing traffic safety and reducing the number of bicycle collisions.

This policy should go through all laws and ordinances related to bicycling and state the department policy on their enforcement. It should emphasize the enforcement of those laws which, when violated by bicyclists or by motorists, result in the greatest number of injuries and deaths to bicyclists.

Purpose

To provide guidelines for officers when enforcing traffic laws that regulate and protect bicycle riders.

Introduction

It is the policy of this department to facilitate the use of bicycles as a means of transportation and recreation. The guidelines that follow are for officers who encounter situations involving bicyclists that require police action. The department’s overall goal is to increase traffic safety and to reduce the number of traffic collisions involving bicycles.
 
Background

In the past, great use was made of bicycles for business and pleasure. In the more recent past, bicycles were relegated mostly to use by children. In the past decade however, adults have once again adopted bicycles as efficient, inexpensive mode of transportation.

Due to concerns about traffic congestion and the environment, use of the bicycle is being promoted at all levels of government. For example, the US-DOT has set goals to double the level of bicycle use, while simultaneously decreasing crashes by 10 percent. This has resulted in more bicycles being mixed in with car commuters on sometimes heavily congested roads.

Also, adult recreational cyclists are taking up the sport in greater numbers. This too is increasing the number of cyclists. The “traditional” bicycle user, the child riding in his own neighborhood, continues to be present on local streets.

Bicycle Collisions

An increase in bicycling has traditionally been presumed to lead to an increase in bicycle crashes. However, this is not the case. In fact, the more bicyclists are on the streets interacting in safe vehicular style, the fewer crashes we will see.

Research has shown that the greatest potential for reversing this trend lies in better educating bicyclists and increasing enforcement of laws that affect bicyclist safety. Cycling collisions occur due to driving errors made by motorists as well as bicyclists.

Collision Causation Factors
 
Studies have shown that certain factors commonly contribute to the causation of bicycle collisions. The most important factors are listed below.

Actions by motor vehicle drivers:

• Failure to yield right-of-way to bicycles when making turns. Drivers often fail to see the cyclist.
• Failure to stop for stop signs or failure to yield right-of-way after stopping.
• Failure to yield right-of-way to bicyclist when emerging from a garage or driveway. Drivers will pull out without looking, striking the cyclist or pulling into his or her path, resulting in a collision.
• Purposeful harassment of bicycle riders by motorists.
• Failure to overtake safely when passing. Drivers pass at locations with insufficient room or fail to allow for projecting mirrors.

 Actions by bicycle riders:

• Failing to stop for stop signs.
• Riding through red traffic signal. Cyclists traveling on roads frequently disregard signals, often without slowing.
• Riding against the flow of traffic on the wrong side of the street or counter to the flow of traffic on one-way streets. This results in the cyclist appearing from an unexpected direction, surprising the motorist.
• Failure to have needed lights and reflectors when riding at night.

Bicycle Collision Prevention

This department will act to control collision-causing traffic violations involving bicycles and motor vehicles. It is the duty of every police officer to take the necessary action to cite or warn violators when infractions are observed. Enforcement will be done in compliance with the policy statement below.

What Violations to Target

Information from crash studies indicate that, generally speaking, there are several violations that should be targeted. These are the violations which contribute to the greatest number of bicyclist deaths and injuries. If they are curtailed, it would be expected that a significant decrease would be seen in the number of deaths and injuries over time. Note that the target violations include both bicyclist and motorist violations.

Target bicyclist violations

Officers will have the greatest impact in reducing bicyclist-error crashes by working to reduce these violations:

• Disobeying stop signs or red lights.
• Riding on the wrong side of the road.
• Failure to yield right-of-way (at uncontrolled intersections, when entering the road, or when making a left turn).
• Headlight/reflector requirements.
• Improper change of course (unexpected left turns).

Target motorist violations

• Failure to yield right-of-way (when making turns, including right turns on red lights, left turns, and when entering the roadway)
• Speed
• OWI
• Improper passing

Enforcement Options

Positive reinforcement programs

May range from stickers and sports cards to ice cream and meals to drawings for bikes and bicycle gear. (These activities have traditionally been targeted towards children; however, positive reinforcement for adults may work as well.)  

• Create positive peer pressure
• Great PR for the police department
• Reinforces other enforcement efforts

Note: Some officers have expressed concerns about “stopping” bicyclists when they haven’t broken a law (without probable cause). Many opportunities exist to reward bicyclists without “stopping” them. Observing bicyclist behavior and then waiting in a location where a bicycle will naturally stop is one option. Another is to give out the rewards in much the same way as football cards. Quiz the bicyclist on safe bicycle behavior.

Verbal Warning

• Education, not punishment
• Can be done quickly
• May be done without leaving the car (P.A., window)
• Good positive contact between police and bicyclist
• Reinforces other enforcement efforts

Written Warning

• May simply be warnings or require some follow-up action
• Juvenile warnings should include a letter to parents
• Written warnings records/follow-up
• Multiple written warnings may result in the issuance of a citation
• Reinforces other enforcement efforts

Citation

• Issued just like any other type of citation (identify violator, location, type of vehicle (brand, model, speeds, color, serial or registration number), facts of the violation, traffic conditions, weather conditions, other factors)
• Reinforces other enforcement efforts
• Fines/penalty (fine, bicycle class, community service, peer court for juveniles)